Once you receive your Notice of Right to Elect a Hearing, you will have thirty (30) days to elect a Hearing. A Hearing will allow you the opportunity to present your case to an Administrative Judge and have the Judge, as a neutral third party, issue a ruling in your case. Once you have elected a Hearing, an EEO Administrative Judge will be assigned to your case. At this time, it can take between a couple of months and over one (1) year for a Judge to be assigned.
Once the Administrative Judge has been assigned to your case, the Judge will issue an Acknowledgement Order and will set up an initial conference. Then discovery will occur. After the conference between the parties, the Judge will typically allow a few weeks to initiate discovery requests. rties will typically have twenty (20) to thirty (30) days to respond to discovery requests. The discovery period will typically last between sixty (60)to ninety (90) days.
The Agency will likely then file a Motion for Summary Judgment (MSJ). The Agency typically has fifteen (15) days after the discovery period ends to file the MSJ. You will then have fifteen (15) days in return to respond. If the Judge does not rule in the Agency’s favor, the judge will set a prehearing submission deadline, and set a date for the prehearing conference and schedule the Hearing by issuing an Order to both parties. In your Prehearing submissions you will propose witnesses and exhibits that you want to use at the hearing. The Judge will then approve or reject the proposed witnesses and exhibits. The prehearing conference will usually occur a couple of weeks before the hearing.
Electing a Hearing and going through the processcan be complicated. We recommend you obtain legal counsel to better inform you of the next steps in your case. Please contact our office so that we may aid you step by step along the way.